Kellner v. David

I concur in the majority opinion except as to the exclusion of Kellner’s testimony *1050about the measurements he took at the accident scene. On that issue, I believe the trial court reversibly erred and that the majority fails to properly apply the factors relevant to the exclusion of evidence mandated by Binger v. King Pest Control, 401 So.2d 1310 (Fla.1981).

The speed of David’s motorcycle at the time of the accident was the major liability issue at trial, particularly as it related to her comparative fault, if any. Kellner claimed that David was speeding at the time the vehicles collided.…